Divorce

Get Legal Help Today

 Secured with SHA-256 Encryption

Divorce

If a couple file for a Dissolution of Marriage, how does her husband’s bankruptcy
affect her? Can wife get a portion of her husband’s retirement. The wife is not
working and they have one minor child.

Asked on February 22, 2018 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Filing for bankrultcy before divorce can help to discharge some of the debt owed that could be considered marital. I think you are concerned that the pension was somehow effected by the bankruptcy.  Pensions are protected from bankruptcy and you should receive the marital portion of his pension (which is the portion that has accrued during the time you are married).  It needs to be evaluated by a pension evaluator. You may also get alimony and surely child support.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption